Atchison

Plaintiff, an attorney at law, brought this action against defendant to recover six hundred dollars for services rendered defendant on an appeal taken in a case entitled Johnson v. Hulse et al. Defendant answered, denying the employment of plaintiff, denying that the amount claimed was reasonable compensation and alleging that the action was barred by the provisions of subdivisions one and two of section 337 and subdivision one of section 339 of the Code of Civil Procedure. The case was tried before a jury, which rendered a verdict for plaintiff for five hundred dollars. From the judgment entered upon this verdict defendant appeals.

Two questions are presented for review. First, was the action barred by the statute of limitations and did the court err in refusing to instruct as requested on this point? Sec ond, did the actions of the trial judge constitute misconduct which prevented the defendant from having a fair trial?

Regarding the question of the statute of limitations. The defendant requested and the court refused the following instruction:

No instruction regarding the statute of limitations was given nor was any requested except the above.

The following is an outline of…